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HomeMy WebLinkAbout17900 - RESOLUTIONS - 7/1/1992 Y RESOLUTION NO. 17900 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA TAKING CERTAIN ACTIONS PERTAINING TO A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS AND JOHN WESSMAN DBA WESSMAN DEVELOPMENT COMPANY. WHEREAS, the Community Redevelopment Agency of the City of r Palm Springs (the "Agency" ) has entered into a Disposition and Development Agreement ( the "DDA" ) with John Wessman dba Wessman Development Company (the "Developer") for the redevelopment of a site (the "Site" ) located within the Central Business District Redevelopment Project Area (the "Project Area" ) , which Project Area is defined in the Central Business District Redevelopment Plan (the "Plan" ) approved and adopted on July 11, 1973 by Ordinance No. 952, j as such Plan may have been amended from time to time; and WHEREAS, a copy of the DDA is on file with the Secretary of the Agency; and WHEREAS, part of the consideration set forth in the DDA is an agreement between Developer and Agency whereby Developer releases its right of first refusal to acquire the Plaza Theater from the Agency as provided in Section 3.5 of the that certain Redevelopment Participation Agreement between Agency, Developer, and the City of Palm Springs, dated November 2, 1988, and including any amendments thereto ( "Plaza DDA" ) , upon the Agency obtaining the City' s approval to credit Developer all sums necessary to pay all "in lieu" parking fees owed or to be owed to the City by Developer for the project described in the DDA (the "Project" ) , and WHEREAS, Agency and Developer also agreed, as further consideration for the DDA, that Agency would seek City approval to permit Developer to use the utility reconnection credits from the City and all utility providers resulting from certain demolition work described in the DDA to the extent needed for the utilization of the Project, with the Agency entitled to any excess utility credits after completion of the Project and one hundred percent (100%) initial leaseup of the proposed Project; and WHEREAS, Agency and Developer also agreed, as further consideration for the DDA, that Agency would be responsible for the construction of public improvements related to the Project, including but not limited to sidewalks and street improvements, as more particularly described in Section 501. 2 of the DDA; and WHEREAS, Health and Safety Code Section 33421.1 provides that the Agency may not use its authority to develop a site for commercial use by providing certain public improvements which a property owner would otherwise be obliged provide unless the City Council makes a finding that the provisions of such public improvements is necessary to effectuate the purposes of the Plan; and WHEREAS, to implement the DDA, Agency is requesting that the City Council approve the terms of the DDA with respect to the in lieu parking credits and utility credits, and give its consent under Health and Safety Code Section 33421.1 for M Res. No. 17900 Page 2 " the Agency to use its authority to develop the Site for commercial use by providing the public improvements identified in the DDA; and { WHEREAS, the City Council. has reviewed the terms of the DDA with respect to the in :Lieu parking credits and utility credits, and the provision of the public improvements; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as follows: , Section 1. The City Council of the City of Palm Springs hereby agrees to credit Developer all sums necessary to pay all "in lieu" parking fees owed or to be owed to the City by Developer , for the Project, with the understanding between the Agency and the City that the Agency may pay the subject "in :Lieu" parking fee to the City in the future upon appropriate findings of benefit to the Project Area by the Agency. Section 2. The City Council of Palm Springs hereby agrees that: Developer shall be entitled to utilize the utility reconnection credits from � the City and all utility providers resulting from the Demolition Work, as that term is defined in the DDA, to the extent needed for the utilization of the Project, and the Agency shall be entitled to any excess credits after completion and one hundred percent (100%) initial leaseup of the Project. Section 3. The City Council of the City of Palm Springs hereby finds and determines, pursuant to Health and Safety Code Section .33421. 1, that the Agency may use its authority to develop + the Site for commercial use so as to provide streets, sidewalks, and the other public + improvements specified in the DDA. The provision of such public improvements is necessary to effectuate the purposes of the Plan. r ADOPTED this 1st day of July 1992. AYES: Councilmembers Hodges, Lyons, Reller, Schlendorf NOES: None ABSENT: None ABSTAIN: Mayor Maryanov a ATTEST: CIT AL PR $, CALIFORNIA By:L City Clerk City Manacjer 1 REVIEW AND APPROVED: J19 v 8/394/014084-0057/010 v